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Category: Legal

Electronic records outside US not covered by US warrants

The 2nd Circuit Court of Appeals ruled against the Government today in US Government vs. Microsoft. The government is investigating a drug dealer and want access to records held by Microsoft. Microsoft turned over metadata stored on US machines. But they refused to turn over the specific emails stored on machines in Dublin. The company’s […]

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US-EU Privacy Shield Approved

Since the Safe Harbor rules were struck down by EU courts, the US and EU have been in negotiations to replace it. This morning (pacific time) the EU approved the new rules called Privacy Shield. WSJ Article

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Sanford Wallace goes to Jail

Sanford Wallace has been sentenced to 2 years in jail by the US District court in San Jose for contempt of court and electronic mail fraud. Sanford has been around for more than 2 decades. He is one of the spammers that drove me to learn how to read headers and report spam back in […]

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Ask Laura: Confused about CAN SPAM

Dear Laura,  I read your blog post about CAN SPAM earlier this week, and there’s one thing that confuses me. You never mention that harvesting addresses is a violation. I’ve seen many other people, including lawyers, assert that harvesting addresses is a violation of CAN SPAM. Why did you leave that out? Signed, Hopeful maker […]

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Let’s talk CAN SPAM

Earlier this week I posted about the increased amount of B2B spam I’m receiving. One message is not a huge deal and I just delete and move on. But many folks are using marketing automation to send a series of emails. These emails often violate CAN SPAM in one way or another. This has been […]

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Fraud, terms of service and email marketing

Here at the Atkins house we’re still both recovering from the M3AAWG plague. I don’t know what it was that we shared during the conference, but it’s knocked many folks over. I don’t have a lot to blog about this afternoon so I was looking through some of my old blog posts to get at […]

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Hands off address books

Germany’s highest court has ruled that Facebook’s practice of harvesting email addresses from their users contact lists in order to send invitations to them constitutes “advertising harassment” and violates German law on data protection and unfair trade practices. This in response to a suit filed by the Federation of German Consumer Organisations (VZBV) What the judgment […]

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Still Spamming…

This morning I woke up to news that Sanford Wallace pled guilty to spamming. Again. Sanford was one of the very early spammers (savetrees.com). He moved to email from junk faxing when Congress made junk faxing illegal in 2005. He sued AOL when AOL blocked his mail. He lost and the courts maintained that blocking […]

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Another CASL fine

The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Porter Airlines had agreed to pay a fine of $150,000 for violations of the Canadian Anti-Spam Law (CASL). After investigating the airline, CRTC found multiple violations of the statute. These violations include no unsubscribe link or the unsubscribe link was not prominent enough. Some of […]

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3 new CAN SPAM cases

Xmission, a Utah ISP, has filed suit against 3 companies alleging violations of CAN SPAM. The cases were filed in the Utah District Court in April and June. I’ve downloaded some of the documents and complaints and they are now in RECAP. I’ve also included the complaints here (and the links from here on out are […]

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